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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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Can you look at text messages phone calls on wifes cell phone

Resolved Question:

Can you look at text messages phone calls on wife's cell phone if we are in the same house, not officially divorced/separated, in the state of oregon, and have reason to believe she is having romantic conversations with another man, and possibly bringing our 1.5 year old daughter around him.
Submitted: 10 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 10 months ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your difficult situation.

How are you planing to gain access to your wife's cell phone?
Customer: replied 10 months ago.

Hello,


Thank you.


 


She leaves it out when she is busy around the house doing things.

Customer: replied 10 months ago.

Hello,


Thank you for your help.


She leaves her phone out when she is around the house. I am aware of the password XXXXX get in.


 


I saw and confronted her at the park with this man (with our daughter with them) two weeks ago.


We had decided a week prior to that to get a divorce, but nothing has been in writtin in paperwork yet.

Expert:  Alex J. Esq. replied 10 months ago.
Thank you for your follow up.

Can you please tell me whether the cell phone account is in your wife's name or in your name?
Customer: replied 10 months ago.

it is under her name, shared account with her mother

Expert:  Alex J. Esq. replied 10 months ago.
Thank you for your follow up.

While it might be morally wrong to do to check other people's cell phones, even it is a family member cell phone, as long as, you have access to the cell phone and your wife gave you a password XXXXX get into the cell phone, even if your wife finds out that you have looked at her cell phone, she would not be able to pursue a civil or criminal claim against you, however even if you find some text messages which would point to the fact that your wife might be involved in some type of an affair or infidelity, it is unlikely that such evidence obtained without her express permission from her phone, would be admissible in court during your divorce proceedings.

I wish you the best of luck!
Customer: replied 10 months ago.

Thank you. I just want to make sure she can't do damage to me. What if she didn't give me the password, but I saw her to enter it. Make any difference? I don't plan on using this against her, just want to make sure she can't use it against me.

Expert:  Alex J. Esq. replied 10 months ago.
Thank you for your follow up.

Even though, unauthorized access to personal electronic devices, such as computers, emails, ipads, phones can be criminally prosecuted in some cases, generally such prosecution would not be feasible when two people are married to each other.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12799
Experience: Experienced Licensed Attorney
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